SOS Need Help With Bailiff

[transformer999]

Re: SOS Need Help With Bailiff

The £275 they claim remains outstanding does not and was never a judgment that formed part of the debt so they can, pardon my french, fuck right off! They need to take action through the courts for it....

So what, does that mean if Marstons decide I owe them £20 for summat they think that cos they are a HCEO they can break into my house? Get real - can they like hell. They need to go through court like everyone else.

Your friend needs to basically ring the police if he sees marstons and locksmith call and physically stop them gaining entry whilst you phone the police.... if anything, get your mate to wait outside at the time they're due with his wife behind the door, leave keys in the door and they'll struggle to open it (if a eurolock style door) - but regardless, all his wife would do is ring 999 and say there are men at your door threatening breaking in - they'll come, you show them the receipt of payment direct to the creditor and then the Police will ask the bailiff to leave.

Thanks very much for that Niddy.....I will let you know if my freind gets anymore grief from this bailiff and will advise him what you have said above...wow that was cool advice I didn't know we were allowed to things like that

Thanks guys for all you input on this also.....compared to what I am having to deal with this is like taking candy from a baby...

3 cheers for Niddy xxxxxxxxx

[Never-In-Doubt]

Re: SOS Need Help With Bailiff

might stop their usual litany of "Nuffink we can do, it's a civil matter innit" and actually do something useful for a change.

ahh but lets not forget that breaking and entering is NOT a civil matter as the lawful documents once held by Marstons are no longer valid based on the debt being paid ergo it would be classed as attempted burglary/breaking and entering whatever the term is....

Nothing civil about it, pardon the dual usage of the word and the pun!

[transformer999]

Re: SOS Need Help With Bailiff

I just rang my freind and he said that the bailiff is coming around this evening after 7.p.m....should be fun. I will keep all updated on what happens.

My freind told me that Marstons had said that the court passed the debt to them and that is why they were entitled to their cut of £275.....they wish hey...that is more than the judgment debt my friend paid. I told him to get a photocopy of the receipt incase he may need to call the police and show a copy.

[Never-In-Doubt]

Re: SOS Need Help With Bailiff

Mrs T

basically you need to tell your friend to remain calm, not to threaten violence and for him to remain outside and the wife inside with keys in the locked door. This restricts the locksmith and also in such cases reasonable force would be permitted to stop the locksmith, I don't mean punching him to the ground but breaking his arm would be acceptable as reasonable force - he has NO RIGHT to break into the house and so long as the homeowner is present telling him to leave, he then retains homeowner safety status in which he can use reasonable self defence to defend himself, family and property.

As for marstons, no matter what he does need to pursue this and get a report in to the MoJ and Trading Standards along with every other regulatory body to get their licence revoked - shocking behaviour and reminds me of a recent ITV shambles with another high profile bailiff firm

Marstons have no right to enter based on the original being paid and accepted by the OC ergo the HCEO's job is finished, if they claim fees are outstanding then they need to follow normal rules and issue an invoice explaining the charges and then follow up with court claim if they feel they have a strong case, to which your mate would defend quite easily.

The original warrant would be for £250 - this is paid. Job done.

The police should be called if Marstons do turn up, to prevent any breach of the peace and also, to stop them breaking in. The police cannot allow them to break in as their paperwork will not be valid, ie the debt is paid. Regards his charges, what charges? The debt was accepted by the OC and thus this bailiff is a nobody with no rights, and if he insists on breaking in, your friend ought to then request the police stop him - if they do not then demand the police get his sergeant on site who will understand the law and in particular the rules surrounding "Peaceful Entry" - so as I say ensure your friend is by the door at all times, with his wife the other side - if they try and force their way past, THEY have broken the law......

* Niddys dirty tactics....

[Never-In-Doubt]

Re: SOS Need Help With Bailiff

I just rang my freind and he said that the bailiff is coming around this evening after 7.p.m....should be fun. I will keep all updated on what happens.

Has he just spoke to Marstons again now like? Please clarify.....

[CleverClogs (RIP)]

Re: SOS Need Help With Bailiff

This is really bad....do you think my freind should call this bailiff and tell him that if he attempts to come around the police will be called?

No, because it will do no good whatever.

All the bastard would do would be to lie by telling your friend that he'd welcome the police and lie that he'd then be able to get your friend arrested for non-payment of the fine or debt to the bailiff.

[CleverClogs (RIP)]

Re: SOS Need Help With Bailiff

I just rang my freind and he said that the bailiff is coming around this evening after 7.p.m....should be fun. I will keep all updated on what happens.

My freind told me that Marstons had said that the court passed the debt to them and that is why they were entitled to their cut of £275.....they wish hey...that is more than the judgment debt my friend paid. I told him to get a photocopy of the receipt incase he may need to call the police and show a copy.

It would also be wise for his wife to make a sworn Statutory Declaration to the effect that all the goods and chattels in the house are her sole property, and to have copies to hand should that bullying bastard bailiff call round.

[CleverClogs (RIP)]

Re: SOS Need Help With Bailiff

I would strongly suggest that until anyone gets involved on your friend's behalf, your friend does as he has been advised above, and I would also send the letter I posted a couple of posts ago asking for a breakdown of fees. If the bailiffs still play silly buggers after this, then, but only then, let Niddy loose on them.

Tell your friend to remain polite, show them the receipt (don't let them hold it - just show it, or preferably a copy of it) and ask for the breakdown then say goodbye and shut the door. Job done!

How would he remove the bastard's foot from inside the door?

[Never-In-Doubt]

Re: SOS Need Help With Bailiff

How would he remove the bastard's foot from inside the door?

[CleverClogs (RIP)]

Re: SOS Need Help With Bailiff

I understand Niddy and yes I have seen the recipt and he has paid that I can assure you so its all legit. He says everytime he tried to speak to the bailiff he kept saying that all he is interested in is taking stuff from his house and selling it to pay off the debt. My freind showed him evidence that he paid the £250 but the bailiff said £275 is still outstanding...I can ask him to keep trying to call him

What are you giving him for Christmas - a fleece jacket with "Kick me!" emblazoned on the back?

Seriously, there is bugger all sense in telephoning a bailiff and expecting the bastard not to lie or make further threats; there's a better chance of Accrington Stanley winning the FA Cup.

[BBoo]

Re: SOS Need Help With Bailiff

I just rang my freind and he said that the bailiff is coming around this evening after 7.p.m....should be fun.

I believe a herd of pigs is due to fly past in formation at roughly the same time!

[CleverClogs (RIP)]

Re: SOS Need Help With Bailiff

I just rang my freind and he said that the bailiff is cumming around this evening after 7.p.m.

I believe a herd of pigs is due to fly past in formation at roughly the same time!

I've fixed T's posting so it is more credible.

[transformer999]

Re: SOS Need Help With Bailiff

Has he just spoke to Marstons again now like? Please clarify.....

Oh ,my god just catching up on the thread...LOL....very funny Niddy and guys.

I have been busy so have not had time to ask my friend if he rang again but will do shortly after a cuppa.......only an hr and half left till 7 so lets see if this bailiff comes or not. I will update any progress

[Never-In-Doubt]

Re: SOS Need Help With Bailiff

Shit or bust "tick tock...."

[PlanB]

Re: SOS Need Help With Bailiff

It would also be wise for his wife to make a sworn Statutory Declaration to the effect that all the goods and chattels in the house are her sole property, and to have copies to hand should that bullying bastard bailiff call round.

CC that's an excellant idea for any debtor to get done in advance just-in-case A local solicitor should only charge a fiver. The only problem would be if the low-life bailiff is illiterate as well as brain dead